State v. Michael Rosenfield

Dooley, J.,

¶ 17. dissenting. While I acknowledge that the methods defendant chose to modify the DUI-3 conviction are unavailable, and join the majority’s analysis of those remedies, I believe the deficiency is in how defendant labeled his request, not whether relief is available. I do not believe that the majority would dispute that if defendant had successfully applied for sealing of the earlier convictions before his conviction in 2014 for DUI-3, the two earlier convictions could not have been used for enhancement and the conviction would have been for DUI-1.4 The Legislature clearly…